The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. In full view of the following factors: (a) the amount of damage in the instant case was large, most of the damage was not recovered; (b) the Defendant did not agree with the victim; (c) the Defendant did not have any record of committing the instant crime before the instant crime; (d) the Defendant led to a confession and reflect on the instant crime; (c) deposited KRW 20 million for the recovery of damage; (d) the Defendant invested KRW 180 million for the victim and his/her business; and (e) the Defendant’s investment in the instant crime to recover the investment amount; and (e) the Defendant’s age, character and conduct, family environment, motive and circumstance of the instant crime; and (e) other various sentencing conditions specified in the records and arguments, including the circumstances after the crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356, 355(2) and (1) of the Criminal Act (the occupation of occupational breach of trust), Articles 356 and 355(1) of the Criminal Act (the occupation of occupational embezzlement) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;